Opinion
No. 2D21-1627.
12-09-2022
Carlos Alberto ENAMORADO, Appellant/Cross-Appellee, v. STATE of Florida, Appellee/Cross-Appellant.
Howard L. Dimmig, II , Public Defender, and Richard J. Sanders , Assistant Public Defender, Bartow, for Appellant/Cross-Appellee. Ashley Moody , Attorney General, Tallahassee, and Blain A. Goff , Assistant Attorney General, Tampa, for Appellee/Cross-Appellant.
Howard L. Dimmig, II , Public Defender, and Richard J. Sanders , Assistant Public Defender, Bartow, for Appellant/Cross-Appellee.
Ashley Moody , Attorney General, Tallahassee, and Blain A. Goff , Assistant Attorney General, Tampa, for Appellee/Cross-Appellant.
SILBERMAN, Judge.
We affirm Carlos Alberto Enamorado's convictions without discussion as to the main appeal. As to the cross-appeal, we cannot address a scrivener's error that "was not preserved either before this appeal by objection in the trial court or while this appeal was pending by the filing of a motion to correct sentencing error pursuant to Florida Rule of Criminal Procedure 3.800(b)(2)." Perkins v. State, 53 So.3d 1141, 1141 (Fla. 2d DCA 2011); see also Fla. R. App. P. 9.140(e). We affirm Enamorado's sentences without prejudice to any right the State may have to file a rule 3.800(a) motion in the trial court. See Williams v. State, 957 So.2d 600, 601 (Fla. 2007) ("[A] claim asserting a discrepancy between an oral and written sentence is cognizable in a rule 3.800(a) proceeding for correction of an illegal sentence.").
MORRIS, C.J., and BLACK, J., Concur.